News

MORGANTOWN, W.Va. — West Virginia University College of Law Professor Valena Beety recently spent two weeks in residence at the University of Texas School of Law as part of the Big XII Faculty Fellowship Program. 

She was one of just six WVU faculty who were selected to participate in the program this year.

The Big XII Faculty Fellowship Program was created to stimulate scholarly initiatives through creation of an academic community within the institutions in the Big XII Athletic Conference.

As a Big XII Fellow, Beety researched the growing roles of clemency and forensic science in the Texas and West Virginia state criminal justice systems. Her research included a focus on executive and judicial clemency and forensic findings in capital punishment cases. Texas has executed more inmates than any other state. There is no death penalty in West Virginia.

MORGANTOWN, W.Va.—The Center for Energy and Sustainable Development at the West Virginia UniversityCollege of Law has named Beren Argetsinger its first Fellow in Energy and Environmental Law and Policy. The fellowship is a one-year appointment through the summer of 2014.

Argetsinger is a 2013 graduate of Pace University School of Law and he holds a master’s degree in Environmental Management from the Yale School of Forestry & Environmental Studies. His experience includes internships at the Federal Energy Regulatory Commission’s Office of Enforcement and with the litigation team at the Natural Resources Defense Council in New York.

Argetsinger’s recent scholarship has focused on regulation of greenhouse gas emissions from power plants under the Clean Air Act. It’s a priority issue for the Center for Energy and Sustainable Development over the next few months. He has also written in the areas of shale gas development, interest electric transmission facilities, and integration of renewable energy resources.

As the Fellow for Energy and Environmental Law and Policy, Argetsinger will support the research and scholarship of the center’s affiliated faculty, law professors Patrick McGinley, Joshua Fershee, and Alison Peck.

He will assist with the Center’s two major events: the 4th Annual National Energy and Sustainability Moot Court Competition, March 27-29, 2014; and the annual Energy and Sustainability Conference, February 24, 2014.

Argetsinger will also maintain and contribute to the center’s blog, Energy Forward, and help prepare for the College of Law’s new LL.M.in Energy and Sustainable Development Law. Pending approval by the American Bar Association, the LL.M. will be offered in fall 2014.

“We are very pleased to have Beren join us,” said James Van Nostrand, associate professor of law and director of the center. “The field of candidates included graduates from some of the leading law schools in the country. Beren has the impressive academic credentials and experience that will be an asset to the work of the energy center.”

The Center for Energy and Sustainable Development was established at WVU in 2011 to conduct objective, unbiased research and policy analyses; provide a forum for issues to be explored by stakeholders; and to promote policies that strike a balance between the development of energy resources and the protection of the valuable air and water supplies upon which future generations will depend.

-WVU-

MORGANTOWN, W.Va. — Law professors Patrick McGinley and Robert Bastress are presenting workshops at News Law Training, a seminar sponsored by the WVU College of Law, the WVU Perley Isaac Reed School of Journalism and the West Virginia Press Association, on Wednesday, October 23, from 10 a.m. to 3:30 p.m. in Martin Hall.

The seminar will cover avoiding and handling subpoenas; legal issues for online and social media; privacy considerations for the media; the Freedom of Information Act and other laws to access government; and defamation law, avoiding lawsuits and handling complaints.

The cost for the seminar is $10 for West Virginia Press Association members and WVU students; $15 for the general public. Lunch and continental breakfast are included. To register, visithttp://wvpress.org/newslaw/

McGinley is the Judge Charles H. Haden II Professor of Law. He is the co-author of the “Open Government Guide: Access to Public Records and Meetings in West Virginia,” published by the Reporters Committee for Freedom of the Press. McGinley has served as a member of the Society of Environmental Journalists’ First Amendment Task Force, has taught courses in public access to government information and has litigated West Virginia FOIA cases on behalf of West Virginia newspapers and the Associated Press. He joined the WVU Law faculty in 1975.

Class photos from the past 135 years line the halls of the West Virginia University College of Law, showcasing a long and distinguished history of legal education. Within some of the oldest photos, there is one recurring character: Bob, identified as the “College of Law Mascot.” He was a medium-sized canine with floppy ears and black and tan markings.

The College of Law is honoring Bob by hosting “Bob’s World,” an exhibit about the law school’s former mascot, in the George R. Farmer, Jr. Law Library, now through Feb. 20, 2014. Admission is free, and the public is invited to attend. 

Bob was a beloved pet and companion of Professor William P. Willey, one of WVU’s first law professors and founder of the West Virginia Law Review (1894). Embraced by faculty, staff and students, Bob was considered the WVU College of Law’s unofficial mascot from 1907 to 1910. Law students at the time described Bob as a “gentlemanly” dog. He passed away in 1910, allegedly poisoned, and no dog has since filled the role of the law school mascot.

The exhibit showcases photos of Bob and his owner, as well as published stories about the dog and the students who loved him. It is curated by , the Special Collections Librarian at the George R. Farmer, Jr. Law Library. 

-WVU-

kb/10/15/13

Morgantown, W.Va. – Before he was the iconic leader of nonviolent political resistance, Mahatma Gandhi was a lawyer. 

A new book by West Virginia University College of Law professor Charles DiSalvo is the first biography that explores Gandhi’s transformative early years as a practicing attorney. 

In M.K.Gandhi, Attorney at Law: The Man Before the Mahatma(University of California Press, 2013), DiSalvo traces Gandhi’s journey of self-discovery from his education in Britain, to the failure of his first law practice, and his migration to South Africa. 

Based on exhaustive research, including rare archival material, DiSalvo focuses on the relationship between Gandhi’s practice of law and his embrace of civil disobedience. He illustrates how Gandhi’s background and experiences as a lawyer, particularly in racially segregated South Africa from 1893 to 1914, helped develop what would ultimately become the philosophy and practice of nonviolent civil disobedience.

“Gandhi became a civil disobedient, conscientiously breaking of the law, while he was a member of the legal profession,” said DiSalvo. “That’s a significant transformation for a lawyer and it put Gandhi on a path that would change the world.”

The Indian edition of the book was released last year to critical acclaim. The Asian Review of Books called it “a very powerful and original contribution to Gandhian studies.”

DiSalvo was invited to India to speak about the book at the Jaipur International Literature Festival – the largest book festival of Asia-Pacific. In addition, he has delivered lectures on the book around the world. 

DiSalvo is the Woodrow A. Potesta Professor of Law at WVU and teaches one of the few law school courses in the country on civil disobedience—inspired by Gandhi and others. He is also an expert on bioethics and the law, civil procedure, and trial advocacy. DiSalvo joined the College of Law in 1979 and he is co-founder of the West Virginia Fund for Law in Public Interest.

M.K.Gandhi, Attorney at Law: The Man Before the Mahatma is available now in bookstores and online.

Robinson & McElwee celebrates 30th Anniversary and honors the memory of a founding member Glenn Robinson with two WVU Law Scholarships

MORGANTOWN, W.Va. — In honor of the firm’s 30th anniversary, Charleston-based Robinson & McElwee has established a $100,000 scholarship award program with the West Virginia UniversityCollege of Law. The firm has also created the E. Glenn Robinson Memorial Scholarship in memory of a founding member of the firm, E. Glenn Robinson.

The Robinson & McElwee Scholarship will benefit first and a second year law students, while the E. Glenn Robinson Scholarship will be granted to third year law students.

“Robinson & McElwee is pleased to celebrate our 30 year anniversary with the establishment of this new scholarship program, but we were saddened by the loss of our founding partner, Glenn Robinson, earlier this year,” said Kent J. George, managing member of Robinson & McElwee. “This gift ensures that Glenn’s legacy and commitment to excellence in the legal profession will live on in future generations of lawyers. It is a fitting tribute to a distinguished attorney.”

The College of Law has received a $1.3 million gift from a trust established by former Secretary of Defense Louis Arthur Johnson. The gift creates the Louis A. Johnson Scholarship Fund at the law school. 

Col. Johnson, who passed away in 1966, was a leading figure in the presidential administrations of Franklin Roosevelt and Harry Truman. Born in 1891 in Roanoke, Va., Johnson received his law degree from the University of Virginia. He began his legal career in Clarksburg, forming a partnership with Phillip Steptoe and John Rixey. After Rixey’s departure in 1916, the firm became known as Steptoe and Johnson.

Johnson was a member of the West Virginia House of Delegates and served in World War I, seeing action in France. Following the war, he became involved in veteran affairs and helped found the American Legion. He rose to the rank of Colonel in the Army Reserve in the 1920s.

Serving as the assistant secretary of war for Franklin Roosevelt from 1937-40, Johnson advocated rearmament and the expansion of military aviation in the years leading up to World War II. His tenure as Harry Truman’s secretary of defense from 1949-50 was marked by the so-called Revolt of the Admirals, the founding of NATO, and the beginning of the Korean War.

“After decades of service to his country, Colonel Johnson had the foresight to establish a trust in 1960 that would benefit legal education,” said attorney Robert M. Steptoe, Jr. “His legacy will now live on in the future graduates of the WVU College of Law and the important work they will do throughout their careers.”

“We are deeply grateful for this gift from the Johnson Trust and privileged to use it in a way that memorializes such a distinguished lawyer and leader,” said Joyce McConnell, dean of the College of Law.

After leaving the Roosevelt administration, Col. Johnson opened the Washington, D.C. office of Steptoe & Johnson in 1945. In 1980, the Washington and West Virginia offices separated amicably, creating Clarksburg-based Steptoe & Johnson and Washington, D.C. Steptoe & Johnson, Chartered, which both continue to operate today.

The Johnson gift to the WVU College of Law is part of A State of Minds: The Campaign for West Virginia’s University, a $750 million fundraising effort the WVU Foundation is conducting on behalf of the University.

-WVU-

MORGANTOWN, W.VA. — An upcoming conference hosted by the West Virginia University College of Law will explore key issues in the growing field of business and human rights.

The conference, which is supported by the United Nations Working Group on Business and Human Rights, will offer an in-depth examination of the issues and highlight advances in the field with leading experts from around the world.

Business and Human Rights: Moving Forward, Looking Back will be held in The Erickson Alumni Center at Statler Wilson Commons on September 23 and 24. Admission is free and the public is invited to attend. Registration on the conference website required.

Bill Richardson, former U.S. Ambassador to the United Nations, will close the first day of the conference with remarks at 7:30 p.m. on September 23. He is speaking at WVU as part of the annual David C. Hardesty Jr. Festival of Ideas. Admission is free and open to the public.

“As the global economy becomes increasingly interconnected, there’s a vital need to establish a balance between businesses and basic human rights,” said Jena Martin, WVU Associate Professor of Law. “This conference will explore the roles that corporations and civil society should play in ensuring and advancing the cause of human rights.”

Cambridge University Press has announced its interest in publishing papers developed at the conference in an edited volume, subject to peer review.

Roger D. Branigin, the Executive Director of the Global Corporate Community of Practice for Business & Human Rights, is facilitating the first day of the conference. Featured speakers include Dr. Michael Addo, a member of the United Nations Working Group on Business and Human Rights; Larry Catà Backer of Penn State Dickinson School of Law; Faith Stevelman of the University of Washington School of Law; and Karen Bravo of the Robert H. McKinney School of Law at Indiana University. 

At least two dozen panelists are participating in the conference. These include Atabong Tamo from the Universiteit Antwerpen (Belgium), Humberto Cantú Rivera of the Université Panthéon-Assas Paris II (France), and Nwamaka Okany of the Amsterdam Center for International Law (The Netherlands).

A conference session at 9:30 a.m. on September 23 will specifically spotlight West Virginia business and human rights issues. Other session topics will focus on the history and relationship of business and human rights, due diligence, and identifying risks and impacts.

“For many countries and businesses, the discussion has only just begun even though this is a topic that effects every producer, consumer, and worker on the planet,” said Martin.

-WVU-

MORGANTOWN, W.Va.—West Virginia University has reappointed Joyce E. McConnell as Dean of the College of Law for another five years.

“Joyce McConnell is commended for an excellent first term as dean,” said Michele G. Wheatly, WVU Provost and Vice President for Academic Affairs. “Under her leadership, the future of the College of Law is very bright.”

Since being named Dean in 2008, McConnell has spearheaded a $25 million fundraising campaign to invest in the future of legal education at WVU. This includes the construction of a 20,000-square-foot addition to the law school as well as improvements to teaching facilities, resources, and technology.

In 2011, McConnell established the Center for Energy and Sustainable Development, which is playing a prominent role in shaping the energy and environmental policies of the future. She also oversaw the creation of the Land Use and Sustainable Development Law Clinic, which is working in a dozen West Virginia communities.

In her first term as Dean, McConnell founded the law school’s Entrepreneurship and Innovation Law Clinic, and reinvigorated the Center for Law and Public Service and the West Virginia Innocence Project. McConnell’s emphasis on a law curriculum that develops practice-ready skills helped WVU Law earn the 2012 Excellence in Pro Bono Award from the rating agency Super Lawyers.

Throughout her tenure as dean, McConnell has sought to increase WVU Law’s national prominence. Results of this effort include high rankings by U.S. News & World Report, preLaw Magazine, and The National Law Journal, among other publications.

Amidst DOMA, Fisher, and Shelby this summer, the U.S. Supreme Court decided an important land use case that did not quite get the same national attention: Coy A. Koontz v. St. Johns River Water Management District.

In a 5-4 decision, the Court ruled in favor of Koontz, a Florida property developer, in what some legal scholars see as blow to sustainable development. 

WVU Law land use attorney Jesse Richardson, however, sees Koontz as an affirmation of sound land use planning practices.

In the case, Koontz sought a permit to develop a portion of land and place a conversation easement on several additional acres. Much of the Koontz property includes wet lands. St. Johns countered with two alternative options conditional to granting a permit. Koontz did not agree to either option.

“The Koontz ruling merely confirms the Nollan/Dolan test and holds that its principles of proportionality and rationality also apply to cash exactions,” said Richardson.

The so-called Nollan/Dolan Test is based on two precedent-setting cases—Nollan v. California Coastal Commission in 1987 and Dolan v. City of Tigard in 1994. In both, it was found that the local governments had attached irrational and disproportionate conditions to granting land use permits.